What happens if, after a prolonged back-and-forth, the client and the architect cannot agree on a design, or if the client realizes during this phase that the architect’s ideas do not match their preferences (and presumably the architect may have a similar realization)?
Originally, the architect was supposed to be hired for design phases 1-8, and the contract is prepared but not yet signed. Now, however, the client no longer wants to continue working with the architect (for the reasons mentioned above), and it is likely that the architect is also frustrated with the client.
What is the best way to resolve this situation? It is clear that the architect has already produced certain work, which, for the client’s stated reasons, is now useless. Ultimately, the greatest disadvantage lies with the client, who has lost time and now has to find a new architect...
Originally, the architect was supposed to be hired for design phases 1-8, and the contract is prepared but not yet signed. Now, however, the client no longer wants to continue working with the architect (for the reasons mentioned above), and it is likely that the architect is also frustrated with the client.
What is the best way to resolve this situation? It is clear that the architect has already produced certain work, which, for the client’s stated reasons, is now useless. Ultimately, the greatest disadvantage lies with the client, who has lost time and now has to find a new architect...
Room sizes cannot be strictly specified in advance, as they only result from the planning process. You can provide general guidelines, for example, a living room with dining area of at least 40m² (430 sq ft) or children's rooms no smaller than 12m² (130 sq ft).
Specific planning requirements could include a range for the total living area or a construction budget. In the latter case, you need to distinguish whether it is "just" a budget or an absolute cost limit. The latter must be explicitly stated as such in the architect’s contract and is binding without tolerance. A "normal" construction budget, on the other hand, serves only as a guideline for planning because exact costs cannot be accurately estimated at this early stage. Therefore, such guidelines are subject to wide tolerances, well beyond the commonly mentioned 10%.
Specific planning requirements could include a range for the total living area or a construction budget. In the latter case, you need to distinguish whether it is "just" a budget or an absolute cost limit. The latter must be explicitly stated as such in the architect’s contract and is binding without tolerance. A "normal" construction budget, on the other hand, serves only as a guideline for planning because exact costs cannot be accurately estimated at this early stage. Therefore, such guidelines are subject to wide tolerances, well beyond the commonly mentioned 10%.
A contract can also be made verbally. Acquisition at most involves a quick rough sketch of the floor plans or rough drawings based on a conversation. Anything beyond this is a chargeable planning service unless otherwise agreed. Compensation is specified in the HOAI.
If no agreement can be reached at all, the contract is terminated and the services provided must be compensated (simplified). Depending on the contractual arrangements, this may include the completed service phases or lost profits for further services.
If no agreement can be reached at all, the contract is terminated and the services provided must be compensated (simplified). Depending on the contractual arrangements, this may include the completed service phases or lost profits for further services.
Pyrate schrieb:
As I wrote above, the architect is also losing interest Usually, the architect will not be very interested in going to court either, and an agreement is reached.
Pyrate schrieb:
Although I wonder how it works if, let’s say, the client and the architect keep dragging it out forever? If their positions are too far apart, the architect will issue an invoice. The client does not pay it. Reminder – legal dunning process – objection – lawsuit – judgment – enforcement order – bailiff
Escroda schrieb:
Usually, the architect will not be very interested in going to court, and an agreement is reached.
If the positions are too far apart, the architect will issue an invoice. The client does not pay it. Reminder - legal dunning process - objection - lawsuit - judgment - enforcement order - bailiff😀 In this topic, I was more referring to the first scenario, where the client and architect can (still) communicate with each other.
But overall, consumer protection in architect-client relationships seems to me to be relatively low compared to other industries, doesn’t it?
You really think so? Take your case and instead of an architect, use any craftsman. All requirements are essentially met, yet it "doesn’t look good." The results aren’t that different.
edit: for example, take a "freelance IT specialist"—the software works, but it doesn’t look good 😀
edit: for example, take a "freelance IT specialist"—the software works, but it doesn’t look good 😀
Pyrate schrieb:
But in general, consumer protection in architect-client relationships seems relatively low compared to other industries, doesn’t it? Except for surveyors, of course :-) but this applies to all freelancers. Only with doctors does your health insurance pay, and with lawyers, possibly your legal insurance. But if you commission a portrait from a painter, they also spend days in front of the easel. It would be unfair if they didn’t get paid just because you don’t like the result.
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